Revise and implement DENR EIS system

Defines important terms such as ECC (Environmental Compliance Certificate), EIS (Environmental Impact Statement), ECA (Environmentally Critical Area), ECP (Environmentally Critical Project), EIARC (Environmental Impact Assessment Review Committee), IEE (Initial Environmental Examination), among others.
Clarifies roles and concepts like Public Participation, Social Acceptability, Environmental Management Plan (EMP), and Environmental Guarantee Fund (EGF).

Covers Environmentally Critical Projects (ECPs) including heavy industries, extractive industries, infrastructure projects, and golf courses.
Includes projects in Environmentally Critical Areas (ECAs) such as national parks, watersheds, habitats for endangered species, historic sites, indigenous cultural areas, critical slopes, prime agricultural lands, and critical water bodies.
Prohibits undertaking or operating such projects without first securing an ECC.
Excludes non-critical projects, pre-1982 operational projects (unless expanded or modified), and certain small businesses registered during 1991-1994.

ECPs require submission of an EIS.
Projects in ECAs require an IEE but may also submit an EIS if required or by option.
Processes exist for review, approval, or requirement for further studies as determined by DENR Regional Executive Director (RED).
Projects not covered may proceed but may have additional safeguards imposed by the RED.

Scoping is required early to define issues, alternatives, and impacts with public participation.
EMB identifies EIARC members who will review the EIS.
Proponent submits EIS in multiple copies and electronic format.
Only accredited preparers may prepare the EIS.
EIS must contain project description, scoping report, baseline conditions, impact assessment, risk assessment, EMP, monitoring fund proposals, supporting documents, and accountability statements.
EMB reviews completeness and endorses to EIARC.
EIARC conducts substantive review including site validation within 60 days, and submits a report with recommendations.
EMB Director and DENR Secretary make final recommendations and decisions on ECC issuance within specified timelines.
ECC and related documents are transmitted to relevant DENR offices and local officials.

Proponent submits IEE reviewed by EMPAS.
Only accredited preparers may prepare the IEE.
IEE must include environmental setting, project description, impact matrix, consultative documentation, discussions on indigenous peoples, gender, population impacts, and accountability.
EMPAS conducts review and may recommend ECC issuance, denial, or require EIS preparation.
RED decides on ECC or need for EIS; if EIS is required, similar procedures to ECPs apply but through regional bodies.
ECC decisions communicated to concerned offices.

Public participation is essential for determining social acceptability.
DENR considers ecological soundness, participation effectiveness, conflict resolution, equity, monitoring, and mitigation.
Information must be presented in understandable language.
Public notices and consultations, including public hearings, are required when necessary.
Public hearings are summary in nature with designated hearing officers of probity.
Alternative dispute resolution encouraged.
Process documentation reports are prepared and made publicly accessible.

Multi-partite Monitoring Team (MMT) formed post-ECC issuance for compliance monitoring.
Composition includes proponents, stakeholders, LGUs, DENR offices, NGOs, and other sectors.
PENRO and CENRO monitor ECC compliance for projects approved via IEE.
Monitoring responsibilities may be delegated to experts but ultimate responsibility lies with MMT members.

Proponents required or opting to submit EIS must establish Environmental Monitoring Fund (EMF) upon ECC issuance.
EMF amount based on cost of post-assessment monitoring.
Environmental Guarantee Fund (EGF) required for projects posing significant public risk or requiring rehabilitation.
Public risk presumptions include presence of toxic chemicals, resource extraction needing restoration, dangerous structures, or polluting processes.
MOAs detail use and recovery of EMF and EGF.

Aggrieved parties may appeal RED’s final decisions to the DENR Secretary within 15 days.
Grounds limited to grave abuse of discretion or serious factual errors causing grave injury.
Appeals from proponents, stakeholders, LGUs, or affected communities allowed.

Proponents must comply with participation, submit accurate EIS/IEE, establish EMF/EGF, and conduct monitoring.
Preparers must ensure accuracy and face sanctions for misrepresentations.
DENR Secretary supervises, issues ECCs, conducts audits, and promulgates rules.
EMB processes EISs, trains personnel, manages data, and recommends policy.
Regional Offices review IEEs, conduct hearings, approve ECCs, investigate complaints, and coordinate with LGUs and NGOs.
EIARC reviews EIS and recommends on ECC issuance.
LGUs lead local public participation and cooperate with DENR.
PENRO and CENRO conduct local coordination, info campaigns, monitoring, and represent DENR in MMT.
Other national agencies support for EIS implementation in their projects.

Filing fee of P310.00, processing fee of P1,750.00, and legal/research fee of P70.00 upon submission.
Proponents pay additional costs for review as per guidelines.

Penalties imposed after investigation with right to be heard.
Violations include operating without ECC (closure and fines), violating ECC conditions or EMP (suspension or cancellation and fines), misrepresentations (suspension/cancellation and fines).
DENR personnel prohibited from conflicts of interest; violations subject to administrative and criminal penalties.
Cease and Desist Orders (CDO) can be issued immediately to prevent environmental harm.

EMB/EMPAS responsible for document management ensuring public access.
All application-related documents are public and require proper authorization for release.